Section 240A – The Companies Act,1956

The Companies Act, 1956

240A. Seizure of documents by inspector.

1240A. Seizure of documents by inspector.(1) Where in the course of investigation under section 235 or section 237 or section 239 or section 247, the inspector has reasonable ground to believe that the books and papers of, or relating to, any company or other body corporate or 2[***] managing director or manager of such company or other body corporate, 3[***] may be destroyed, mutilated, altered, falsified or secreted, the inspector may make an application 4[***] to the Magistrate of the First Class or, as the case may be, the Presidency Magistrate, having jurisdiction for an order for the seizure of such books and papers.

(2) After considering the application and hearing the inspector, if necessary, the 5[Magistrate] may by order authorise the inspector

(a)to enter, with such assistance, as may be required, the place or places where such books and papers are kept;

(b)to search that place or those places in the manner specified in the order; and

(c)to seize books and papers he considers necessary for the purposes of his investigation.

(3) The inspector shall keep in his custody the books and papers seized under this section for such period not later than the conclusion of the investigation as he considers necessary and thereafter shall return the same to the company or the other body corporate, 6[***] or the managing director or the manager or any other person, from whose custody or power they were seized and inform the 7[Magistrate] of such return:

8[Provided that the inspector may, before returning such books and papers as aforesaid, place identification marks on them or any part thereof.]

(4) Save as otherwise provided in this section, every search 9[or seizure] made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898) to searches 9[or seizures] made under that Code.]

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1. Ins. by Act 65 of 1960, sec. 76 (w.e.f. 28-12-1960).

2. The words “any managing agent or secretaries and treasurers or” omitted by Act 53 of 2000, sec. 118 (w.e.f. 13-12-2000).

3. The words “or any associate of such managing agent or secretaries and treasurers” omitted by Act 53 of 2000, sec. 118 (w.e.f. 13-12-2000).

4. The words “to the Tribunal or” omitted by Act 17 of 1967, sec. 4 and Sch. (w.e.f. 1-7-1967). Earlier these words were inserted by Act 31 of 1965, sec. 26 (w.e.f. 15-10-1965).

5. Subs. by Act 17 of 1967, sec. 4 and Sch., for “Tribunal or Magistrate, as the case may be,” (w.e.f. 1-7-1967).

6. Certain words omitted by Act 53 of 2000, sec. 118 (w.e.f. 13-12-2000).

7. Subs. by Act 17 of 1967, sec. 4 and Sch., for “Tribunal or Magistrate, as the case may be,” (w.e.f. 1-7-1967).

8. Ins. by Act 31 of 1965, sec. 26 (w.e.f. 15-10-1965).

9. See now the Code of Criminal Procedure, 1973 (2 of 1974).

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